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LOVELL MFG. v. EXPORT-IMPORT BANK OF U.S.

No. 85-3061.

777 F.2d 894 (1985)

LOVELL MANUFACTURING, a DIVISION OF PATTERSON-ERIE CORPORATION, Appellant, v. EXPORT-IMPORT BANK OF the UNITED STATES and Aetna Casualty and Surety Company, Inc., Aetna Insurance Company, American Mutual Liability Insurance Company, Atlantic Mutual Insurance Company, Commercial Union Insurance Company, Continental Casualty Company, Continental Insurance Company, Employers Insurance of Wausau, Federal Insurance Company, Fireman's Fund Insurance Company, Hanover Insurance Company, Hartford Insurance Company, Liberty Mutual Insurance Company, Lumbermans Mutual Casualty Company, Reliance Insurance Company, Royal Indemnity Company, St. Paul Fire and Marine Insurance Company, Travelers Indemnity Company, and United States Fire Insurance Company, t/d/b/a Foreign Credit Insurance Association and Foreign Credit Insurance Association, individually and as agent of all of the above Appellees.

United States Court of Appeals, Third Circuit.

Decided December 5, 1985.

As Amended December 17, 1985.

Attorney(s) appearing for the Case

James T. Marnen, (Argued), Knox Graham McLaughlin Gornall and Sennett, Inc., Erie, Pa., for appellant.

William J. Schaaf, Marsh, Spaeder, Baur, Spaeder & Schaaf, Erie, Pa., for Foreign Credit Ins. Assoc. and Member Ins. Companies as individual appellees.

Debra L. Kasper (Argued), Civil Div., Commercial Litigation Branch, U.S. Dept. of Justice, Washington, D.C., for Export-Import Bank of the U.S., appellee.

Before WEIS and MANSMANN, Circuit Judges, and RE, Chief Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we are asked to decide if summary judgment was properly granted in favor of an insurance company in this action brought by its insured on a policy covering commercial risks. Because we find that the district court erred as a matter of law in applying to the insurer the more stringent estoppel criteria applicable to government agencies instead of the traditional equitable estoppel criteria, we reverse...

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